[LEGAL REVIEW NEEDED]
This document is a working draft written during development. It has not been reviewed by a lawyer and is not the operative agreement. It exists so the product can be built and tested against a realistic structure — replace it with counsel-drafted language before this platform accepts a single real user.
DMCA & Takedown Policy
Last updated: Draft — not yet reviewed
How to report content you own the copyright to, and how to contest a takedown filed against your content.
1. What this covers, and what it does not
This process is for copyright — someone reposting your photo, article, code or document without permission.
It is not the route for a review you dislike. A DMCA notice filed to remove criticism is a misuse of the process, is punishable under 17 U.S.C. § 512(f), and will be rejected and recorded. If you believe a review contains a false statement of fact, use the in-product report flow instead.
2. Filing a takedown notice
Send the following to the designated agent. All six elements are required:
- Your physical or electronic signature.
- Identification of the copyrighted work you claim has been infringed. If multiple works, a representative list.
- The URL of the specific content you want removed. A whole-profile or whole-page request without specific URLs cannot be actioned.
- Your name, address, telephone number and email.
- A statement that you have a good-faith belief the use is not authorised by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information is accurate and that you are the owner or authorised to act on the owner’s behalf.
3. What happens next
- We acknowledge receipt.
- If the notice is complete, we remove or disable access to the identified content expeditiously.
- We notify the member who posted it, forwarding your notice — including your contact details, which the law requires us to pass on.
- They may file a counter-notice.
- If they do, we forward it to you. Unless you file a court action within 10-14 business days, we may restore the content.
4. Filing a counter-notice
If your content was removed and you believe that was a mistake or a misidentification, you can contest it. Include:
- Your physical or electronic signature.
- Identification of the removed content and where it appeared before removal.
- A statement, under penalty of perjury, that you have a good-faith belief it was removed as a result of mistake or misidentification.
- Your name, address and telephone number, and consent to the jurisdiction of the federal district court for your address (or, if outside the US, any district in which we may be found).
Be aware that a counter-notice sends your contact details to the person who filed the original notice. If your content was posted anonymously, filing a counter-notice gives up that anonymity to them. Consider that before filing.
5. Repeat infringers
We terminate the accounts of repeat infringers in appropriate circumstances, as required for safe-harbour protection. [LEGAL REVIEW NEEDED: the strike threshold and appeal path need to be defined and applied consistently — an unwritten policy is not a policy.]
6. Abuse of this process
Filing a knowingly false takedown notice carries liability for damages, including costs and attorney fees, under 17 U.S.C. § 512(f).
LinkedOut publishes content that companies frequently dislike. We treat takedown notices aimed at suppressing criticism rather than protecting copyright as abuse of process, we reject them, and we record them. Where we are permitted to, we publish them.
7. Outside the United States
[LEGAL REVIEW NEEDED: the EU Digital Services Act notice-and-action requirements, the UK Online Safety Act duties, and equivalent regimes each impose their own timelines and appeal mechanisms. These need to be mapped before the platform accepts users in those jurisdictions.]
Contact
Designated agent: dmca@linkedout.example
[LEGAL REVIEW NEEDED: a designated agent must be registered with the US Copyright Office for safe-harbour protection to apply. Postal address, phone number and the registration itself are all required and none of them exist yet.]